Which of the following statements are added by an additional amendment to the original anti-defection law?
- A member of the Parliament who is disqualified under this law shall also be disqualified to be appointed as a Minister.
- A member of a House who is disqualified under this law shall also be disqualified to hold any remunerative political post.
- Exemption from disqualification in case of merger with another party.
Select the correct answer using the code given below:
Answer – (a)
Explanation:
About anti-defection law, 1985: It inserted the Tenth Schedule in the Constitution and laid down provisions regarding disqualification on the grounds of defection.
It lays the grounds for disqualification of the member, i.e., if a member of a House belonging to a political party:
- Has voluntarily given up his membership of such political party, or
- Votes, or abstains from voting in such House, contrary to the direction of his political party.
However, if the member has taken prior permission, or is condoned by the party within 15 days from such voting or abstention, the member shall not be disqualified.
If an independent candidate joins a political party after the election, he shall be disqualified.
If a nominated member of a House joins any political party after the expiry of six months from the date when he becomes a member of the legislature, he shall be disqualified.
It also states that a member of the House shall not be disqualified where his original political party merges with another political party.
Provisions added by the 91st Constitutional Amendment Act, 2003:
It provided that a member who is disqualified under Tenth Schedule shall also be disqualified to be appointed as a Minister or hold a remunerative political post.
The Act omitted the provision regarding splits from the Tenth Schedule to the Constitution.
Hence, option (a) is the correct answer.